Freedom of Information Act (FOIA) Exemptions

Records Protected by the Nine FOIA Exemptions:

In response to a FOIA request, existing records will be disclosed unless the information is protected by one or more of the nine FOIA exemptions cited in the Act as 5 U.S.C. §552(b) (1) through (b)(9):

  • Exemption (b)(1) records that are currently and properly classified in the interest of national security;
  • Exemption (b)(2) records that relate solely to the internal personnel rules and practices of an agency;
  • Exemption (b)(3) records protected by another law that specifically exempts the information from public disclosure. (The specific statute must be cited.);
  • Exemption (b)(4) trade secrets and commercial or financial information obtained from a person which would cause substantial competitive harm to the submitter if disclosed;
  • Exemption (b)(5) inter-agency or intra-agency records that are deliberative in nature and are part of the decision-making process that contain opinions and recommendations;
  • Exemption (b)(6) personnel and medical files and similar files, the disclosure of which would constitute an unwarranted invasion of individual privacy;
  • Exemption (b)(7) investigatory records or information compiled for law enforcement purposes;
  • Exemption (b)(8) records for the use of any agency responsible for the regulation or supervision of financial institutions; and
  • Exemption (b)(9) records that contain geological and geophysical information (including maps) concerning wells.